Thursday, January 21, 2016

Illegal to patent natural genes in France

France's higher house of parliament, the senate, adopted yesterday an amendment that prohibits the patenting of "products that are the outcome of purely biological procedures".


In the immediate future, this legislation aims to protect open research in the domain, not of animals, but of ordinary plants and crops. For example, imagine that a corporation were to be granted the right to patent a certain gene that was found, most often, in broccoli. These days, the CrispR/Cas9 method of DNA editing developed in 2012 means that a researcher might encounter this same gene in another quite different plant, without being aware that it is indeed the patented brocoli molecule. So, from a legal viewpoint, we're in a totally new ballpark, where the concept of patenting naturally-occurring genes is fuzzy to the point of being nonsensical.

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